Missouri Injury Law Blog

By Guest Author:

More and more, people are turning to the Internet to research information about lawsuits, lawyers, and court cases. While this is a good starting point in some instances, anyone performing these searches must be aware of the large amount of misinformation posted online. Even though there are a number of reputable websites offering concrete information, they are often lost in the shuffle of bad reviews and untruths.
Why does misinformation about injury lawyer show up online?

An unhappy client: If a client believes the injury attorney has not represented them in the way they expected, they could use the Internet as a way of retaliating. Some disgruntled clients post on blogs, in forums, or on review sites.

Unprofessional competition: As sad as this reality is, there are competing accident attorneys that have posted unreliable information as a way of damaging their competition's online reputation. Not only is this unprofessional, but it is also defamation of character.

Disgruntled employees: Not everyone has good experiences in their work environment 100% of the time. If an employee leaves a job under unfavorable circumstances or they believed they were treated unfairly in the workplace, it is possible they will retaliate with negative reviews, blog posts, or forum postings.

How can a researcher weed through the good from the bad?

The best way to determine which trial attorney to choose is to perform preliminary research online. This preliminary research should include information gathered from the Bar Association, the lawyer's contact information, the lawyer's references (if any) found on their website, and client testimonies found on the firm's website.
From there, schedule a consultation with the lawyer in order to perform a face to face interview. During this consultation, the injury lawyer will also be asking pointed questions about the case. In addition to determining if this lawyer is a good fit for your case, you will also be learning if their personality is a good match for a long-term business relationship.

Gather the facts in order to use the best judgment

After the initial research is conducted and the interviews are completed, it is easy to see if the online reviews and comments are correct or not. Because this is a court case, thorough research is essential to producing the best possible outcome. If references are not available on the lawyer or firm's website, request this information during the initial consultation. A reputable lawyer will be happy to provide this information upon request because they have nothing to hide.

The bottom line:

Even though it is easy to read something online and believe it is the truth, many times it is not. Unless something is presented on a government website, in a University publication, or in a reputable journal, information online should be taken with a grain of salt. Be aware of misinformation posted by unhappy clients, disgruntled employees, and unprofessional competing law firms when choosing an accident and injury lawyer.

Author bio: Jennifer Greenleaf is a Legal Studies major through University of Maryland University College's distance learning program. She has been a freelance writer since 1999 covering multiple niches such as legal matters, home improvement, and parenting. You can learn more about her on Google+.

To arrange an in person meeting to answer all of your questions, call the injury law-firm of Sansone / Lauber at (314) 863-0500 or contact us online.

By guest Author

If you have a significant enough problem to go see an attorney you need to make sure that you consult with not just any lawyer, but the right lawyer for your case. Here are a few tips on how to decide on just who is the "right lawyer":

Tip #1 - Find a Lawyer Who Is Experienced With Your Kind of Case

You need an attorney who is experienced with handling whatever kind of problem you are dealing with. If you had a family member who passed away and you need assistance and link their estate, then you need an attorney experienced with probate law. If you're injured in a car accident, then you need an experienced personal injury attorney like Benjamin Sansone.  If your spouse has filed for divorce, then you need an experienced family law attorney. Whatever your issue make sure you go to an attorney with experience in that field. The last thing you want to do is hire an attorney with little to no experience in that field and allow them to get "on-the-job" training at your expense.

Tip #2 - Discover What Past Clients Say about the Lawyer

It is best if you can get a personal recommendation from someone who has been a client of the lawyer. But sometimes you don't know anyone who has had this particular kind of problem before. In that case the next best thing to a personal recommendation from a friend is to hear what past clients have to say about working with the lawyer. Often you can find reviews about lawyers on Google, Yahoo, or avvo.com. Ideally, you could hear firsthand what a past client says about the experience of working with the lawyer, but if that just isn't possible then online reviews are a great substitute.

Tip #3 - Hire a Lawyer You Are Comfortable With

Ask yourself after meeting with the lawyer whether you felt comfortable with him or her. Did they listen carefully to what you had to say? Did they fully answer your questions and make sure that you understood everything and didn't have any other issues to discuss? Overall do you feel comfortable with the idea of working with them on your case? This is an area where you can simply follow your instincts. Don't worry about why you feel the way you do or looking for concrete justifications for your feelings, just go with your gut. If your instincts are that this is not the right lawyer for you, then you should keep looking.

About the Author

Scott Morgan is a board certified Texas family law attorney who has represented divorce clients in Texas since 1994. He is the founder of the Morgan Law Firm which has offices in Houston, Austin and Sugar Land.

Hybrid and electronic cars' relation to pedestrian and/or cycling injuries

Hybrids and electronic vehicles may not be the biggest thing in automobiles right now but they are slowly getting some steam in as far as popularity is concerned. Today, more and more celebrities are purchasing and have been going around these politically-correct statements on wheels. These celebrities are showing their own way of taking care of the environment by going around town these green machines. However, despite the many benefits that these technological wonders offer, they are being tagged as one of the major causes of pedestrian accidents involving people with disabilities

What make hybrids and electric car more dangerous for pedestrians and cyclists?

Hybrids don't rely much on the internal combustion engines to propel it in short-distance city travels or cruising. In fact, you will never (or will have a really hard time to) know if a hybrid car is near you until somebody tells you, or you get struck by it. This gets worse when you are dealing with an electronic car. Since it doesn't have an engine that burns fuel, it barely emits a sound. Because of this, blind people or those with hearing problems wouldn't really be able to do something to detect the presence of a hybrid or electric vehicles.

Blind people or people with hearing impairments have been getting involved in accidents with hybrid or electronic cars. Though the number of injuries won't really cause panic over people and various organizations, one has to acknowledge the fact that these cases should be looked into by the government, and that something should really be done to make these vehicles safer, especially to pedestrians and cyclists.

How can hybrids and electric cars be made safer for pedestrians and cyclists?

After a careful assessment of the data it has gathered, the Department of Transportation's National Highway Traffic Safety Administration (NHTSA) came up with the conclusion that hybrids and electrics should emit a sound to alert and help give a warning to motorists that a hybrid or an electric vehicle is fast approaching. This way, pedestrians and motorists alike will be more aware about the presence of such vehicles, making them ready to take the needed precautions avoiding accidents.

The sounds, as the NHTSA requires, car makers to come up with sounds that are detectable under a range of street noise and ambient background sound, when the vehicle is traveling under 18 miles per hour. If the vehicle travels at 18 miles per hour and up, the vehicle will be making sufficient noise so that pedestrians and bicyclists the vehicle must emit sounds that are enough so drivers can notice and avoid these vehicles. An automaker will then be given a range of choices for the sounds that it can choose the vehicles they will produce. The sound should have certain characteristics that meet the minimum requirements. Finally, a vehicle with the same make and model needs to emit the same sound or set of sounds.

The NHTSA's proposal

The NHTSA has already sent the proposal to the Federal Register, for finalization. After that, this measure will then be publicized where the public will be given 60 days to comment on the action by the agency. If there wouldn't be any more problems, this measure will then be implemented to upcoming models that are going to be tested by the NHTSA. These vehicles will then be required by the agency to be equipped with the above mentioned safety system. With this new measure in place, the agency estimates that there would be around 2,800 lesser pedestrian and cyclist injuries.

Soon people with disabilities, bicyclists, and the general public will reap the benefits of this newest move by the NHTSA. This way, you won't need the assistance of a car accident lawyer to help you seek for damages since you won't get into an accident anyway because you'd be able to avoid it now.

ABOUT THE AUTHOR:

Anne Roberts is a web content writer for the Mesriani Law Group, a professional law corporation with its main office in Los Angeles, California and satellite offices in nearby counties in Southern California. She excels in writing blog posts, how-to's, and other related web copies.

This is a guest author post that has been reviewed by our staff and approved since it is relevant and beneficial to safe bicycling. As a law office that handles many bike accident injury cases in Missouri and Illinois, we see bike safety as a very important issue. The guest post begins below:

People ride bicycle for many reasons, some use it for travel, some for sports, some for hobby, and there are even some who utilize this amazing two-wheel drive for business. Bicycles existence have lasted for centuries, but its popularity never ceased. It can be primarily due to its usefulness and practicality that sometimes cannot be equaled by other modern vehicles. Moreover, its basic and simple design compared to other transportation mean, has never been a hindrance for bicycles to thrive and stay as they are no matter how plenty of innovations in vehicles have evolved.

Riding bicycles come with plenty of advantages; it does not let out polluting smoke that place the environment in danger, it saves the economy from fuel dependence, it is a cost-efficient drive that can make the biker save transportation budget, and lastly, it benefits the health.

Nowadays, many Americans are supporting creation of communities that promote safety for people who choose to walk or ride their bikes. However, like any other vehicle, bicycles are also subject to laws--laws which are created to protect the pedestrians' interest as well as to let bikers be responsible in their riding. The way bicyclist manipulate their bikes, may it be motorized or not, can make a big difference in the way they ensure the safety of people around a town.

For self-help reasons, below are simplified explanation of "Missouri State Statutes Regarding Bicyclists" so that bikers can follow the law for a responsible and safe bicycling.

• Every person who will ride a bicycle will be given all the right to use the road. The granting of the rights allow bicyclists to be subject to the duties applicable to other vehicle drivers. (307.188)
• Rider of bicycles and motorized bicycles are required to ride at the right side of the roadway to practice safe distance from other motorists. Squeezing past other vehicles is relatively unsafe, no matter what kind of vehicle have you tried to pass with. (307.190)
• Riding a bike in sidewalks within a business district is not allowed. (300.347)
• When a biker is riding on a sidewalk, he or she must yield the right of way to the pedestrian. When overtaking or passing a pedestrian, the biker must give an audible signal before doing so. (300.347)
• Riding a bicycle in the sidewalk while it is attached to another vehicle is prohibited. (300.347)
• Every bicycle or motorized bicycle must be equipped with brake or brakes in working order that will allow the rider to stop the bike within a safe distance of twenty-five feet at a speed of 10 miles/hour on a dry, level, and clean pavement. (307.183)
• Bicyclist who are using the roadways ½ hour before both sunset and sunrise should be equipped with lights and reflectors. This include, front lights, a rear-facing red reflector or a rear-facing red lamp, and night-vision reflective gears that can be incorporated in the riders shoes, lower leg, or crank arms. (307.185). This will ensure that the rider will remain visible under normal night riding condition.

The Penalty.

Any person with the age of 17 years or older can receive lawful punishment from violating the Missouri statutes for biking laws. The offender may pay for a fine of five dollars or more than twenty-five dollars upon conviction. If a person under the age of 17 will violate the mandated biking laws, traffic officers may impound the bicycle/motorized bicycle for a period of no longer than five days upon issuance of the violation receipt to the minor riding the bike or to the owner.

About The Author

Jafrum International is one of the fastest growing biking apparels and motorcycle gears outlet in the US would offer quality gears for riders to be used for competitions. Racing and bicycling requires a lot of security and determination. If a racer or a biker wants to avoid injuries, the best way to do is wear safer gears to secure protection. Ride safe!

When you think homeowners insurance, you may first envision protection for your house against fallen trees, flooding and other natural disasters. But parts of your homeowners insurance policy are specifically designed to help protect you legally. For example, if Nancy Neighbor slips and falls on wet leaves in your driveway or some other potential injury claim against you, you could be held accountable. That means if she decides to sue, you could be liable for attorney fees to defend the claim, court expenses and possibly even her medical bills; assuming she can prove you were legally negligent which is harder than you may think. However, if you've purchased enough personal liability coverage, your homeowners insurance policy could really pay off.

What is personal liability?

If someone is injured on your property, even if you're not home, you could be held legally liable. That means if they decide to sue, you could face devastating bills on your own. Here are just a few expenses that come with a bodily injury lawsuit:

• Court costs and legal fees. It costs a lot to get sued, even if your case never sees the inside of a courtroom. When you're hit with court filing fees, marshal's fees, investigator's fees, medical records and report fees, court reporter's fees, travel costs, consultant fees and more, it doesn't take long to rack up a huge tab at your lawyer's office.

• Property damage. If a guest is parked in your driveway and a tree falls on his or her car, you could be liable for the cost to repair the damage.

• Medical bills. If Nancy Neighbor breaks her hip after tripping on one of your kids' loose toys in the yard, you may have to foot the bill for her surgery and any subsequent treatment.

Depending on how much personal liability coverage you purchase, these expenses could be covered by your homeowners insurance policy should you ever face a bodily injury lawsuit and file a claim.

How much coverage should I get?

Typically, a standard homeowners insurance policy includes a minimum of $100,000 per liability claim occurrence. However, many homeowners choose to purchase $250,000 or more in coverage depending on their specific needs. For example, if you have a swimming pool or a trampoline on your property, you may have a higher liability risk than a homeowner who doesn't. If you feel the need for protection against libel, slander, defamation of character, invasion of privacy or other threats, you may require a separate umbrella policy.

When does it pay off?

Here are just a few examples of when being covered with personal liability coverage can pay off big when you need it the most:

• Your dog FiFi bites off more than you can chew when she attacks the mailman in your yard. He hits you with a multi-thousand dollar lawsuit to cover his subsequent ambulance ride, emergency treatment and post-operative care. Your personal liability insurance covers most of the expenses so instead of paying off a $20,000 lawsuit, you'll be in the clear.

• One of your children's friends decides the area around your pool is the perfect place to practice cartwheels while you're not home. His parents sue you for negligence in addition to damages for the hefty hospital bill resulting from their child's injury on your property. Your coverage can help you stay afloat during the settlement, but it's probably a wise investment to install a locked gate or fence around the pool to prevent accidents like this.

Personal liability insurance typically is part of a standard home insurance policy. You'll be glad it is if you're ever the subject of a lawsuit because of an injury on your property. But you should still study your policy - or ask your agent - to decide whether you have enough coverage.

This article was contributed by Carrie Van Brunt-Wiley, Editor of the homeinsurance.com blog. Carrie has been writing insurance news and consumer information for HomeInsurance.com since 2008. She graduated from the University of North Carolina in Wilmington in 2005 with a B.A. in Professional Writing and Journalism.

Continue reading "How Much Does Homeowners Insurance Pay Out In A Bodily Injury Lawsuit?" »

Before an individual pursues damages (money) for a personal injury claim, they should understand how this process works. Based on the law, damages for these claims can be collected if the injury is due to the negligence or actions of another entity. The damages that an individual collects can be in the form of pain and suffering, wrongful death, long-term or short-term disabilities, emotional injury and emotional distress. When an individual suffers from one or more of these things, they can recoup a certain monetary amount for their losses and debt incurred. The debt is normally due to various kinds of medical bills and hospital bills. The amount of money involved can be from a few thousands to millions of dollars for the injury that has been sustained. These awards are based on the severity of the injury. One of the reasons why the amounts can range from low to high is because the victim can claim punitive damages if it applies.

Obtaining Legal Representation

While some people may be tempted to pursue the case without the representation of attorney, this decision is normally impractical because the attorney involved should be well versed and skilled with knowing personal injury law. Additionally, the client should also look for those attorneys who have litigation experience, especially if the insurance company or private agency involved refuses to offer a reasonable award. If the client is concerned about the costs of representation, they can talk to the attorney about working on a contingency basis. Which means, after the client receives a settlement, the attorney will receive a certain percentage of the amount that is awarded.

Obtaining the right representation, however, may sometimes be difficult to do if the individual is not familiar with the best attorneys in the industry. Hence, the client will most likely have to do their homework before talking to any attorney. The process of getting the right attorney should be done as quickly as possible, since the individual will need guidance on what should be done within certain time frames.

Time frame for Filing

The time frames can vary based on the types of injury and the state that the injury was sustained in. The victim may have 120 days to file a personal injury claim or they may have 2-5 years. By contacting an attorney quickly, each individual will know how fast he or she should move. See General Guide to Missouri and Illinois Statue of Limitations for Injury Lawsuits.

Litigation vs. Mediation

In the past, litigation was the most commonly known way of seeking recourse for an injury. Today, insurance companies are now pushing more cases into mediation instead. When taking the cases through a mediation process, insurance companies can save on the court cost and time spent in court (some cases can take years to settle). Therefore, the mediation process is viewed as a more efficient process for settling injury claims outside of the court system. In some cases, this is a winning solution for the insurance company as well as for the injured person. In others, however, the injured may not receive the maximum that is allowed based the law.

by David Marocchi from Paramount Lawyers

Guest Author, bio at end of article.

A good injury lawyer is worth his or her weight in gold. Not only will a good one fight for you, a good injury lawyer will maximize the amount of money you receive. Unfortunately, like many professions, there are a lot of bad injury attorneys, and so anyone looking to hire one needs to do their research and determine what they need. Without further ado, here are four things to ask an injury lawyer before hiring one - trust me, you want know this information!!

Price

Naturally, you will want to know how much they charge. For injury cases, many lawyers will charge a contingency fee based on the money they win in the courtroom. For example, if you have a settlement, the lawyer will may charge 33%. You will want a lawyer who works on contingency, they will be much more likely to fight hard for you. Also, ask what costs you may be responsible for - some lawyers charge small fees that can add up quickly. Remember, a strong case should demand a lower contingency fee.

Participation

Ask the attorney what you will need to do on your end. To win a lawsuit, it is all about teamwork. Find out how much participation the attorney requires from you, because some lawyers are more hands off, while others love the participation. Make sure it is a good fit, no matter what your preference is. Ideally, you would have a lawyer that wants to participate with you while at the same time handling all the (difficult-to-understand) legal stuff.

How Long?

When discussing matters of law, it is a good idea to understand how well a lawyer understands it. The longer an attorney has been in practice in your area, the better grasp they will have of all the intricacies of your case Of course, there are solid attorneys that have not been in practice as long, but it would be prudent to know how long they have been working personal injury claims. Many lawyers switch their field mid-career, and this can be okay, but make sure any personal injury lawyer you hire has enough experience that you are more than confident in their abilities to win your case. A Google search can help you to figure out whether or not your area is more plaintiff-friendly or defendant-friendly, and this can have a huge impact on a newbie's ability to win.

Communication

Ask your lawyer how communicative he or she is with clients. Many lawyers are notorious for ignoring their clients while others seem to love constant contact. Choose what is right for you - most people should seek a lawyer with good communication skills, especially since the legal process is intimidating and confusing to the average person. Remember, good communication in any relationship is vital, a client-lawyer relationship is no different. You don't want to be stuck talking to a receptionist, but if you are, make sure that at they are at least happy to work with you!

In most cases, the amount of money you receive comes down to the competency of the lawyer. A good lawyer is worth his or her cost, as in the end, he or she can get you a sizable settlement. Remember to not only to ask these questions, but note how you feel when sizing them up - intuition goes a long way.

Amy Rydell writs about law, consumer advocacy and more. Her favorite piece is on the Top 10 Best Online Criminal Justice Degree Programs.

Medical malpractice cases, at least in Missouri and Illinois, are very expensive to pursue. In order to have a good medical negligence case there must be sufficient liabilty and damages. First, liability, there must be negligence by a doctor, hospital, or other healthcare provider (for more info see: St Louis Medical Malpractice lawyer information page). Second, the damages or harm to the patient must justify the expense and cost of pursuing a medical malpractice case. Meaning the patient's injury must be significant enough to make the case economically feasible to pursue. Permanent injury is typically necessary. Below is an article submitted to my website by a guest author discussing some examples of medical malpractice. Additionally, this blog has a Medical Malpractice Category for further information and other articles on this topic.

The results of medical malpractice are at best inconvenient and at worst, tragic. When you trust yourself or a family member to the care of a certified physician or other healthcare personnel, and they in turn, treat you with negligence and carelessness, you need a personal injury attorney to protect your rights.

Medical malpractice can alter a patient's life completely and even cause death. If this happens, there should be some compensation to the person or their family to help cope with this difficult situation. This kind of case is difficult to prove, so there needs to be proof that the medical error caused permanent injury in the patient.

Five examples of medical malpractice are:

1. Negligence when giving an anesthesia - Anesthesia given to a patient who has previously had a problem with that anesthetic. The patient may suffer liver damage or even die. The anesthesiologist has not brought enough oxygen and it runs out before the surgery is finished. Because of this, the patient has cardiac arrest.

2. Negligence when delivering a baby - If there are complications during delivery and a C-section is required, the doctor must not delay. The child could develop Cerebral Palsy as a direct result of the delay. Failing to diagnose a baby with Rh incompatibility-antibodies .

3. Negligence for not diagnosing properly -- When a patient complains of chest pains, if the patient is sent home and subsequently suffers a heart attack that kills or debilitates, it would be considered medical malpractice. If the patient goes to another doctor and receives a correct diagnosis and treatment, the first doctor is still negligent; however, since the patient was properly treated and injury was avoided, there would not be any damages for which to get compensation.

A doctor failing to diagnose abdominal pain as appendicitis, with the result of the patient suffering shock and death .

Misdiagnosing cancer is also a case for medical malpractice. If a person sees a doctor about a lump or other cancer related symptom, the doctor must test for cancer. If the doctor fails to test for cancer and, because of this, it is discovered later by a second doctor that the disease has spread to other parts of the body, the first doctor is liable.

4. Negligence in prescribing medication -- If a patient's prescribed medication is inadequate or even the wrong one and the doctor does not change the medication, the result could be long-term damage or death. Even if the correct medication is prescribed, a healthcare provider may give the wrong drug. If, as a result of this, the patient suffers permanent damage from a reaction to the wrong drug, it is medical malpractice.

5. Negligence for obtaining informed consent - the doctor is responsible to get prior informed consent from patients before they give medical care including surgery, treatments and other procedures. This means the doctor must inform the patient of any possible negative outcomes due to the medical procedure such as paralysis or loss of function. An injury lawyer should be consulted so the patient, or in the case of death, the family can receive compensation from the person or institution responsible.

BIO of Guest Author:

David Benowitz is one of the founding partners of Price Benowitz LLP and selected as one of the Top 100 attorneys of Washington, DC by the National Trial Lawyers association. He has more than 13 years of experience as a Washington, DC attorney and is licensed to practice law as Maryland injury attorney. David Benowitz spent his career fighting for the rights of his clients.

When people feel ill or experience medical symptoms, they count on their doctors to diagnose and treat the problem. Despite extensive schooling and experience, doctors can and do make mistakes when assessing symptoms, considering their underlying cause, diagnosing the condition, and prescribing treatment. In addition, they may fail to treat a symptom that appears insignificant or choose an erroneous treatment that fails.

Unfortunately diagnosis errors frequently occur in medical checkups and treatment. How frequently? The Diagnosing Diagnosis Errors: Lessons from a Multi-institutional Collaborative Project report cited various polls and studies that found the following:

1. 10-30 percent of medical errors are diagnosis errors

2. A review of 53 autopsies revealed an average rate of 23.5 percent of missed major diagnoses

3. One in six people surveyed in a Harris poll had personally experienced a misdiagnosis error

What does the law have to say about medical diagnosis errors? In general, delaying or failing to diagnose a disease is actionable if the delay or failure results in injury or progression of the disease beyond the expected progression should it have been diagnosed earlier or correctly. Proving that a worse prognosis resulted in the misdiagnosis or delayed diagnosis is often difficult.

Attorneys on both sides will likely look at what diagnosis a reasonably prudent doctor would consider when presented with the same symptoms. Is the patient's actual diagnosis one that reasonably prudent doctors would consider under the same circumstances and when presented with the same symptoms? From there, they'd need to find out if the doctor considered the patient's actual diagnosis. If the patient's doctor did not consider a diagnosis that reasonably prudent doctors would consider, then a case for medical negligence might be warranted. In addition, if the diagnosis was listed as a possibility but the doctor failed to rule it out with follow up tests, negligence may have occurred.

Another common diagnosis error commonly pursued in medical negligence claims involves failure to treat. This negligent behavior can happen when symptoms are dismissed as being minor, temporary, or not worth treating. While the symptom itself might appear minor, such as a bruise or intermittent abdominal cramps, if the underlying cause is serious and left unaddressed, further harm or injury could result.

What if a doctor correctly diagnoses a patient's condition but uses an unconventional treatment that fails? This too could be cause for a medical negligence claim.

However, even if diagnosis errors occurred, the law does not necessarily hold doctors legally responsible for these errors. The medical malpractice attorney must prove several key points:

• That a doctor-patient relationship existed. In other words, if a person at a cocktail party complains of chest pain to an acquaintance that happens to be a doctor, that doesn't constitute a doctor-patient relationship.

• That the doctor was negligent and failed to skillfully or competently provide treatment. Again, what would a reasonably prudent doctor do under similar circumstances?

• That the negligence caused actual harm or injury to the patient. For example, if a doctor misdiagnoses a condition and the patient immediate gets a second opinion and is successfully treated with no harm or injury as a result of the first doctor's diagnosis error, the negligence claim may be difficult to sustain.

Attorneys prosecuting diagnosis errors in medical negligence claims must prove all of the above in order to prevail. Meanwhile the attorneys defending these claims may counter by proving that the condition itself, not the misdiagnosis, caused the injury or present expert witnesses that support the defendant's diagnosis as reasonable.

These are but a few of the numerous issues surrounding diagnosis errors in medical claims, and laws vary from one state to the next. When true negligence is proven in a court of law, the judgment can serve as a wakeup call to the healthcare industry to remain true to its oath to "do no harm."

Author Bio:

Guest Post was contributed by Daniela Levett on behalf of Pryers-Solicitors.co.uk - a medical negligence lawyers practice. Daniela is a freelance writer with extensive legal background as an attorney. She enjoys writing for various online legal publications.

Guest Author Post:

Many people enjoy spending summer evenings and weekends boating on various bodies of water, allowing people to cool off and relax with friends and family. Unfortunately, when boats are mishandled or experience a malfunction, devastating boating accidents can occur, causing serious injuries and property damage.

According to the United Sates Coast Guard's Boating Safety Resource Center, there were 4,588 boating accidents in 2011. These accidents resulted in 3,081 injuries, 758 deaths, and over $50 million in property damage. In Missouri alone, there were 128 reported accidents, 17 of which were fatal.

Recognizing the Cause of the Accident

Just like any vehicle, boats require careful maintenance and handling for them to perform correctly. When an unfortunate boating accident does occur, there are many possible causes of the collision. Some of the most common of these include:

• Boat malfunction
• Driver error
• Driver intoxication
• Lack of safety equipment
• Disregard of no-wake or danger zones

If you were injured in a boating accident that was caused by another party, you might be curious about your legal options in the wake of this incident. Identifying the cause of the accident and the responsible party may be difficult, but it is often crucial for legal action to be successful. Working with specialists, law enforcement officials, and a qualified Clearwater personal injury lawyer can help victims determine fault, file appropriate paperwork, and potentially, pursue compensation.

Potential Consequences of Boating Accidents

Because of the location of most boating accidents, many boating accident victims are exposed to additional dangers that result from an inability to get quick medical attention and an increased risk of drowning. Some additional outcomes of a boating accident include:
• Broken bones
• Head injury
• Brain damage
• Internal organ damage
• Spinal cord damage
• Amputations
• Boat damage
• Property damage (docks, boats, or homes)

Medical expenses and repairing damaged property can be incredibly expensive following a boating accident, and without taking legal action, boating accident victims might be forced to shoulder all of these expenses on their own.

Legal Options

Victims may want to hold the individual responsible for their accident accountable for their losses. In order to do so, it is necessary to file a lawsuit against the negligent party that outlines the extent of damages suffered, the requested compensation, and their part in the accident. Working with an attorney can simplify this process and help victims fight for the compensation they need.

Guest Author, see below for credentials.

If you have been injured in an accident that was not your fault, you are entitled to file a personal injury claim against the person who was responsible for the accident. However, getting the compensation you deserve is not always straightforward. You will need to convince a court that the defendant's negligence or carelessness caused you to be injured. Here are some tips that you can follow to maximize your chances of winning your personal injury claim.

1. Document everything. You need to have evidence that you can present in court to support your claim. Take photographs of the scene of the accident, consult your doctor about your injuries, and make detailed notes soon after the accident so that you don't forget what happened. If any bystanders witnessed your accident, get their contact details so that you can call upon them to support your claim in court.

• After a car accident, it is vital that you get the other driver's address, phone number and insurance details. Photographing the damage to your car is a good idea as it visually demonstrates the severity of the accident.

• After an accident at work, find out what health and safety policies your employer has in place. If they were breached, you could be entitled to compensation. Speak to other employees to find out whether they have also faced dangerous situations at work.

• After a slip or fall, take photos of the obstacle that tripped you. Property owners have an obligation to protect the public from hazards on their premises. The aim of your photographs is to demonstrate how they have failed to meet this responsibility. Include an everyday object, such as a coin, your hand, or your mobile phone, to give an indication of the size of the obstacle or slippery patch of floor. If you don't have a camera, make a note of what caused you to fall. Ask witnesses for their contact details so that you can call on them to verify what happened.

2. Seek medical advice as soon as possible after an accident, even if you don't think your injuries are serious. Don't hesitate to go back to your doctor if your condition worsens or does not improve. Report all your symptoms in as much detail as possible and make sure that the doctor makes a note of them. You should keep a record of how much time you have been forced to take off work, as well as the costs of your treatment.

3. Hire a personal injury lawyer. A lawyer who specializes in personal injury cases will use their professional expertise to maximize your chance of success. Once you have chosen a personal injury lawyer to represent you, hand over all of the evidence that you have gathered so that they can work out how best to use it to support your case.

Claiming compensation for an injury is not always easy, but it is a worthwhile thing to do. Not only will you get the compensation that you are entitled to, but you will also cause the person responsible for the accident to reflect on their behavior and become more careful, therefore reducing the chance of a similar accident happening to someone else.

Author Bio:
Guest post contributed by Alison Mackenzie, for HCA Lawyers. Alison is a law student and freelance writer. She enjoys writing about various areas of law and personal claim cases.

Below is a Guest Author post regarding what to do after a hit and run collision. Missouri Hit and run car accidents carry with them unique problems and issues that need to be addressed early on. Identification of the driver or vehicle, witnesses that can confirm the hit and run, and applicability of UM (Uninsured Motorist) coverage to cover harms and losses caused by the hit and tun driver. See Missouri Uninsured Motorist Accident article.

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Being involved in an automobile accident can be stressful, and this is even more so when you are the victim of a hit and run accident. Unfortunately, this is a frequent occurrence that often takes place when the other driver is either intoxicated or does not have insurance. There are some measures to take so that you can preserve your rights and potentially recover any losses you are entitled to.

Take Care of Yourself

The most important thing to consider when you are involved in a hit and run automobile accident is your own injuries. While it may be tempting to follow the other vehicle, you could end up making matters worse if you were hurt during the impact. If you suspect injuries, call for emergency services and remain at the scene until help arrives.

Gather Information

If you are able to make notes, this can help you provide information to police about the hit and run driver. Write down as much information as you can about the other vehicle so police will have a basis for their investigation. This can also be helpful later, as you may need to file a formal report in order to recover damages under your own insurance policy.

Try to locate any witnesses as soon as possible. Ask them to write down the information they observed and give it to law enforcement. Make sure to get the names and addresses of these witnesses in the event they need to be contacted for additional information.

File a Claim

Most insurance companies include a provision that kicks in whenever a policyholder is involved in an accident and the negligent party is uninsured. In a hit and run accident, this provision can often be used to cover your medical expenses and any damage that occurred to your own vehicle. It is important you talk to your agent as soon as you can after the accident in order to begin the claims process. Expect to provide a claims adjuster with a written or oral statement, which may be taken under oath. The claims adjuster may also want information about the hit and run driver, so passing along witness information might also be necessary.

Consult an Attorney

You may feel it is unnecessary to contact an attorney when you have done nothing wrong. In instances of a hit and run accident, there are several reasons why you may need to do so. You should not assume that because you were not at fault, that you will have no problems with your insurance company or law enforcement officials. Some reasons why it may be necessary to contact an attorney include:

• Making sure the insurance company treats you fairly
• Initiating a tort action against the at-fault driver should he or she be located
• Filing disability claims if the accident resulted in long-term health issues

Hit and run accidents can be devastating for those who are victims of these unscrupulous drivers. Thinking about how to handle the situation before it occurs can make you better prepared to deal with the stress associated with a hit and run accident.

Thomas Hall is a freelance blogger who writes for http://www.kanetix.ca, a car insurance company that can help if you were the victim of a hit and run. If you are looking for car insurance in Alberta, Thomas recommends looking into Kanetix.

A personal injury lawyer has settled a lawsuit initiated by the parents of a Texas boy who sustained serious injury in a car accident. The offending driver is a restaurant patron and is alleged to have been drunk at the time of the accident. The parents of the young boy, who is now six years old, sought $10 million in the personal injury case, with some of the money coming from the establishment serving the man alcohol and some of personal injury money from the offending driver himself. The restaurant was a branch of franchise, Applebee's which is based in Kansas City, Missouri, and the final personal injury settlement amount was undisclosed. See Missouri Dram Shop Laws regarding liability of the restaurant for over serviung the drunk driver.

The lawsuit accused the restaurant of serving the customer with around 23 drinks in a period of time said to be under two hours. The man then got behind the wheel and proceeded to drive home, crashing into the family's car en route. The family's lawyers stated that the law firm's investigation into the car accident was a key component in securing the compensation they were looking for. The personal injury lawyer's investigation was one of incredible depth, and they managed to collected a great deal of evidence for case, including the drunken driver's receipts showing that he paid for almost two dozen drinks over the two-hour time period.

A parallel investigation undertaken by the police determined that, at the time of the car accident, the man's blood alcohol level was more than three times the legal limit, which is around 0.08 per cent. The family instigated legal action against both Appleby's and the driver for the serious personal injuries which their son sustained in the car accident. It transpired that the driver was a repeat DWI offender, and he now faces criminal charges in relation to the crash with a criminal trial pending as a result of his reckless actions. At this stage, medical examinations suggest that the young boy sustained damage to around 80% of his brain in the car accident, a diagnosis which has meant that his family incurred astronomical medical expense bills and will likely continue to do so as the boy grows older.

The lawsuit initiated for $10 million will go towards covering for round-the-clock medical care, future loss of earnings, pain and suffering and also mental anguish, all of which are quite typical of such serious personal injury cases. As is the case with a number of states, there is legislation in places called the Dram Shop Act which means that damages can be claimed from businesses who are guilty of servicing excessive quantities of alcohol to customers which later get involved in incidents such as car accidents. The family lawyer stated to reporters covering the case that the settlement is a reminder to establishments which have a licensed to serve alcohol to do so responsibly and carefully. He went on to state that the family of the young boy would be buying a specially modified van for transport and also a round-the-clock nurse in a bid to make the boy's life as comfortable as possible.

The trend toward the use of social media has permeated every aspect of our lives. The legal system seems to be following this trend. Defense attorneys have been successful in presenting social media posts and pictures as evidence in personal injury cases. They are using social media as a source of discovery.

Insurance adjustors and defense attorneys regularly search through information on social media websites. They are hoping to find evidence that will go against the opposing party's claim of injury. Personal injury attorneys are currently advising their clients to cancel their social media accounts. Apparently, setting their social media posts to private is not enough to keep their privacy intact. In fact, if a personal injury client posts anything to do with an accident on a social media website, it can be treated as evidence in court.

In the Pennsylvania case of Zimmerman v. Weis Markets Inc., the judge ordered the plaintiff to provide the court with the login information for his social media account. The court reasoned that since the public portions of his Facebook and MySpace accounts showed evidence of his injury, a discovery of the remaining private postings were likely to contain similar information. The court made this decision because the man had profile pictures of himself on Facebook and MySpace. In one of the pictures, he is shown wearing shorts that happened to expose a scar from his accident.

In the New York case of Romano v. Steelcase Inc., a judge entitled defense attorneys access to the private MySpace and Facebook pages of a plaintiff who claimed to be confined to her home because of her injuries. The profile picture on one of her social media accounts depicted her standing outdoors. The court decided that because the public portions of her social networking accounts contained evidence that was contradictory to her claims, the private portions of her accounts would likely yield additional contradictory evidence. The profile picture could have been months or years before the accident. The defense pushed the idea that the woman maintained an active lifestyle, and she was not seriously injured.

Personal injury lawyers are concerned about the recent court rulings. Old pictures and statements can be misunderstood as current or relevant to a court case. Even if someone were to remove a picture from their social media account, it can still be used against them in court. Clients should understand that defense attorneys will stop at nothing in order to defeat personal injury claims. Even when the pictures fail to prove a claimant has been dishonest about their injuries, they can still be used in an attempt to mar their character.

Information from social media sites can cause juries to make value judgments on plaintiffs. For instance, a picture that shows a plaintiff drinking and partying is a common tactic to sway a jury. Once the jury sees the picture, they tend to award the plaintiff less money. Due to the public profiles of many of their clients, Los Angeles personal injury attorney's have long been cognizant of the risks of poor public exposure during trial. While this isn't news for any personal injury attorney, the proliferation of social media information has increased the risk of accidental self-incrimination (or apparent incrimination).

Although the law is still evolving in this area, making any public communication about health or injuries is a mistake when proceeding with a personal injury claim. The information gleaned from social media websites can cause substantial harm to a claimant's credibility; ultimately, it can cause them to lose their case. Until the laws surrounding personal injury and social media are clearly defined, victims of personal injury should remove their social media accounts before filing a claim for compensation.

Related Blog:

Social Media Can Play Important Role in Missouri Personal Injury Cases

Appropriate Steps if You are Injured on the Job

Millions of people are injured while performing work-related duties each year. If you become one of them, there are certain steps that you need to take to ensure that your rights are protected should you need to file a personal injury claim or apply for Worker's Compensation benefits. Though specific requirements will vary by state, there are four important steps to take if you are injured on the job (for work comp and personal injury claims) or performing work-related duties:

Get Medical Treatment

See St Louis Injury Lawyer blog article, Choice of Doctor Under Missouri Workers' Compensation. The first thing you should do is tend to your injury, especially if it is severe. Apply first aid on the scene, if necessary, then see a doctor. If your injuries are severe, see a doctor immediately. Even if your injuries seem minor, you should protect yourself by getting an independent evaluation by a qualified physician. Be sure to tell the doctor that your injury was sustained on the job, and remind him or her of this fact on follow-up visits if they are required. Your employer may also require that you visit an approved physician. If this is the case, be sure to make an appointment with one of these physicians and bring your medical records if necessary.

Report Your Injury

It is always best to tell your supervisor about your work-related injury as soon as possible. Communicate the details of the injury in person, preferably immediately following the injury, then follow up with a written report. If you have to file a claim later, a written document will provide proof that you notified your supervisor. No such proof is available if you have only make a verbal report, and your supervisor could deny your claim. State laws require that you report your injury within a certain time frame in order to qualify for compensation or other claims. A typical time frame is 30 days, but some allow a longer time period. The sooner you report your injury, the better.

Talk to an Attorney

A personal injury attorney can advise you about whether your injury entitles you to compensation or other claims. An attorney can also ensure that your rights are protected and can advise you on how to proceed with discussions with your employer, making decisions about continued working conditions, arranging for medical care, and more. If you have to file a Worker's Compensation claim or other legal claim, an attorney can assist you.

Keep Records

Be sure that you document all the circumstances surrounding your injury: all visits for medical treatment, discussions with your supervisor, discussions with your attorney, claims filed and so on. Maintaining proper records can provide proof for your claim and ensure that you are not denied any benefits based on technicalities.

Of course, a qualified personal injury attorney is your best resource if you are ever injured on the job. Set up a consultation immediately if you are injured for tailored advice on how to proceed with getting treatment, communicating with your supervisor, and filing any necessary claims.

Amanda Tradwick is a grant researcher and writer for CollegeGrants.org. She has a bachelor's degrees from the University of Delaware, and has recently finished research on teaching grants and student grants in maine.